News

Mitchell Wins Defense Verdict

June 17, 2019

On January 25, 2019, Clark Mitchell obtained a defense verdict for his client.  Mitchell represented the defendant (a go-kart track) in the lawsuit.  The plaintiff was a patron of the go-kart track and was injured while driving her go-kart.  At trial, the plaintiff requested damages totaling $657,930.  The trial involved the legal issues of negligence, […]


ESTATE PLANNING FOR THE UNINITIATED

May 20, 2019

When one spouse stays hands-off on the finances, it’s easy to get caught off-guard by a death or illness. Here’s how to get up to speed. By Anne Tergesen Gary Altman, an estate-planning attorney in Rockville, Md., recently had a client turn to her brother-in-law to cover bills after her husband died. The client had […]


Change in Workers’ Compensation Claims for Idiopathic Falls

April 29, 2019

Iowa’s workers’ compensation law will be changing for idiopathic falls. This change will go into effect on July 1, 2019. Therefore, work injuries occurring on or after July 1, 2019, will be subject to the new law. Iowa Code Section 85.61(7) was amended to further define “personal injuries arising out of and in the course […]


Court of Appeals Decision Reminds Bailees That They Have a Duty to Care for Bailors’ Property While it is in Their Possession

Plaintiff and Defendant were business associates, who had an oral agreement regarding a salvage yard business. Plaintiff locked Defendant out of the business and filed suit for breach of an oral contract. Plaintiff also obtained a temporary injunction that prevented Defendant from returning to the business property, where many of Defendant’s tools, equipment, and inventory […]


A Divided Court of Appeals Reverses the District Court’s Denial of Summary Judgment in Dram Shop Case

March 29, 2019

On March 1, 2015, Brett Weichers (Plaintiff) was assaulted by two men who had consumed alcohol at several establishments, including Tony’s La Pizzeria (Defendant). Plaintiff filed a dram shop suit against Defendant (and two other bars) seeking damages for the injuries he sustained from the assault and alleging that Defendant ‘“sold and/or served beer, wine, […]


Court of Appeals Affirms Summary Judgment Against Unlicensed Public Adjuster

A hail and wind storm damaged Gregg Whigham’s home in March 2016. The home was insured by The Cincinnati Insurance Company (Cincinnati). After the storm, Gregg contracted 33 Carpenters Construction, Inc. (33 Carpenters) for the repair of his home. Per their agreement, 33 Carpenters would repair Gregg’s house and, in exchange, would receive the right […]


Iowa Supreme Court Affirms $450,000 Indemnification Judgment in Favor of Homeowners’ Insurer

In 1997, Jay and Lorrie Lala, husband and wife, created a limited liability company, Parker House, to hold various investment and personal properties, including a farmhouse that was purchased for investment purposes. The farmhouse was kept furnished although no one lived there. The Lalas occasionally used it to host business and public events. They also […]


Lindebak Wins Defense Verdict in Negligence Case

On March 6, 2019, Aaron Lindebak obtained a defense verdict for his client. Lindebak represented the defendant (a hotel) in the lawsuit. The plaintiff, who was a guest at the hotel, slipped and fell in a shower. The plaintiff alleged the hotel was negligent. Following the presentation of the plaintiff’s case, Lindebak moved for directed […]


IRAS OFFER TEACHABLE MOMENTS FOR CHILDREN AND GRANDCHILDREN

February 21, 2019

Investors may be excited to learn that annual contribution limits to IRAs increased this year for the first time since 2013. Last fall, the IRS announced that beginning in 2019, the annual contribution limit to IRAs would increase to the lesser of one’s earned income for the year or $6,000 ($7,000 for individuals age 50 […]


BUSINESS OWNERS REMINDED TO FOLLOW CORPORATE FORMALITIES

Many business owners choose to organize their businesses as separate legal entities such as corporations or LLCs. There are many advantages for doing so, but one of the primary advantages a corporation or an LLC provides a business owner is limited liability protection.  This means that, generally, if a plaintiff wins a lawsuit against a […]